CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 13 octobre 1987

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                          AS TO THE ADMISSIBILITY OF                         Application No. 12292/86                       by Recef SAHSI                       against the Netherlands           The European Commission of Human Rights sitting in private on 13 October 1987 the following members being present:                 MM. C.A. NØRGAARD, President                   J.A. FROWEIN                   S. TRECHSEL                   F. ERMACORA                   G. JÖRUNDSSON                   H.G. SCHERMERS                   H. DANELIUS                   G. BATLINER                   J. CAMPINOS                   H. VANDENBERGHE              Mrs.   G.H. THUNE              Sir   Basil HALL              MM.   F. MARTINEZ                   C.L. ROZAKIS              Mrs.   J. LIDDY                Mr.   H.C. KRÜGER Secretary to the Commission           Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;           Having regard to the application introduced on 9 June 1986 by Recef SAHSI against the Netherlands and registered on 29 July 1986 under file N° 12292/86;           Having regard to the report provided for in Rule 40 of the Rules of Procedure of the Commission;           Having regard to the Government's proposal to grant a residence permit to the applicant's son and daughter and its subequent awarding of the permit;           Having regard to the affirmation of the applicant to have the application withdrawn;           Having deliberated;           Decides as follows:     &_THE FACTS&S           The facts of the case as they have been submitted by the applicant may be summarised as follows.           The applicant is a Turkish citizen, born on 11 June 1954 and at present residing in Hilversum, the Netherlands.   In the proceedings before the Commission he is represented by Mr.   N. Schaar, a lawyer practising at Bussum, the Netherlands.           In 1975, the applicant was divorced in Turkey.   His two children, a daughter born on 1 January 1973 and a son born on 1 March 1974, stayed with him since his former wife had left.           On 27 July 1976, the applicant remarried a Turkish woman, who had entered the Netherlands on 15 February 1975 in the framework of family reunification.           The applicant entered the Netherlands on 31 July 1977. Having reported himself to the Head of the local police at Hilversum he was granted a conditional residence permit, allowing him to stay with his spouse and to work.   On 4 November 1982 the applicant was given a permanent residence permit (vestigingsvergunning).           The applicant left his two children in the care of his mother when he went to the Netherlands, but he apparently continued to pay for their upbringing and visited them every year.           It appears that the applicant brought his son to the Netherlands on 14 September 1985 because his mother was not capable of raising the children any longer.   The applicant requested a residence permit for his child, but this was refused by the Head of the local police at Hilversum on 23 October 1985.           Thereupon, the applicant introduced a request for revision with the Deputy Minister of Justice.           Having obtained the advice of the Advisory Committee for Aliens' Affairs (Adviescommissie van Vreemdelingenzaken) on 24 January 1986, which recommended that the request be rejected, the Deputy Minister of Justice rejected the applicant's request on 21 February 1986.           The Deputy Minister considered, inter alia, that according to Dutch immigration policy any spouses and minor children who had actually belonged to the family could, under certain conditions, be allowed to join aliens holding residence permits in the Netherlands. The applicant's son could not be considered as having actually belonged to the family abroad, but had stayed with his grandmother in Turkey until 14 September 1985.   Moreover, the applicant had not demonstrated that he had transferred money to his mother.   It was also noted that the child's grandmother, his sister and two married aunts were still living in Turkey.           The applicant's son left the Netherlands on 11 May 1986.     &_COMPLAINTS&S           The applicant complains that the Netherlands authorities, by refusing to grant his minor child a residence permit, violated their right to respect for their family life and their right to maintain their family.   He invokes Articles 8 and 12 of the Convention.           In addition, the applicant complains that the Deputy Minister of Justice did not decide on his claims under the Convention.     &_PROCEEDINGS BEFORE THE COMMISSION&S           The application was introduced on 9 June 1986 and registered on 29 July 1986.           On 11 December 1986 the Commission decided to bring the application to the notice of the respondent Government and to invite them to submit written observations on the admissibility and merits of the application.           On 31 March 1987 the Government informed the Secretariat that they would not submit any written observations because the Netherlands authorities had decided to grant both the applicant's son and daughter a residence permit if so requested.           On 22 April 1987 the applicant's lawyer informed the Secretariat, in reply to the Government's proposal, that he would withdraw the application as soon as the residence permits had been obtained.           On 2 September 1987 the lawyer confirmed that the applicant had obtained the residence permits and that he now wanted to withdraw the application.     &_REASONS FOR THE DECISION&S           The Commission notes that the applicant no longer seeks to maintain his application because he has obtained residence permits for his son and daughter.           Furthermore, it considers that there is no general ground relating to the observance of the Convention which justifies further examination of the present application.           Having regard to Rule 44 para. 1 (b) of its Rules of Procedure, the Commission             DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.       Secretary to the Commission                President of the Commission          (H.C. KRÜGER)                                (C.A. NØRGAARD)